Outline

Overview

This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.

Unit details and rules

Unit code	LAWS6865
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS6202
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Emily Crawford, emily.crawford@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Essay proposal (Optional LLM Capstone Essay)(10%) Proposal on a self-selected topic covered in the unit	0%	Week 02 Due date: 17 Apr 2023 at 17:00 Closing date: 17 Apr 2023	700 words / 3 weeks
Outcomes assessed:
Assignment	Assignment (50%) Written assignment	0%	Week 05 Due date: 12 May 2023 at 17:00 Closing date: 26 May 2023	4000 words / 5 weeks
Outcomes assessed:
Supervised exam ?	Final Exam (50%) Supervised examination, held during examination period.	0%	Week 06 Due date: 15 May 2023 at 14:00	2 hours
Outcomes assessed:
Assignment	Optional LLM capstone essay (90%) Capstone essay on a self-selected topic covered in the unit	0%	Week 06 Due date: 15 May 2023 at 17:00 Closing date: 29 May 2023	7300 words / 4 weeks
Outcomes assessed:

Assessment summary

Assignment (50%): Students are required to submit a 4000-word Assignment where the word count includes everything in the text i.e. body text, in-text citations, headings, quotations, footnotes. Bibliography is not included in the word count. The assignment is worth 50% of the total marks for this unit of study.

The Assignment will require students to answer a problem scenario broken down into a series of questions that demonstrates their understanding of International Dispute Settlement and relevant international law. The Assignment will have a particular, but not exclusive, focus on LO1, LO3, LO4 and LO6. Details regarding the Assignment will be released 5pm 10 April 2023. The deadline for submission is 5pm 12 May 2023 (Sydney Time).

Students who receive a grant of Special Consideration may receive an extension or alternative task at the discretion of the Unit Coordinator.

Final Exam (50%): The 2-hour supervised pen and paper based exam (plus 30-minute reading time) will consist of six essay-type questions and three problem questions. Students must answer any 3 of the 9 questions. The Final Exam is worth 50% of the total marks for this unit of study.

The Final Exam will take place on Monday 15 May 2023 and it will start at 2pm. Students will be supplied with the Final Exam paper and answer booklets which must not be taken out of the exam venue.

The examinable material includes lecture slides, class notes, handouts, and assigned readings. It is an open book examination with books, notes and other materials allowed into the exam venue, with the exception of University Library books. Students are not permitted to bring to the exam venue electronic devices with ‘smart technology’, such as laptops, phones, smart watches, headphones.

The outcome of a successful Special Consideration application is a replacement examination or alternative task at the discretion of the Unit Coordinator.

Optional LLM Capstone Essay

Essay Proposal - 700 words (10%) and Essay - 7300 words (90%)

LLM students who are undertaking this unit towards the end of their degree and need a capstone experience to complete the degree must apply to the unit coordinator to undertake the assessment option of a 7300 word capstone essay (90%) where the word count includes everything in the text i.e. body text, in-text citations, headings, quotations, footnotes. Bibliography is not included in the word count. The capstone essay will replace the assignment (50%) and final exam (50%). Students must submit a 700 word proposal (10%) for prior approval by 5pm 17 April 2023. Your essay topic must respond to the material covered in the present unit. However at the same time, in order to serve as a Capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

Students are required to submit Capstone essays in electronic form via the Canvas site by 5pm 15 June 2023 (Sydney time).

Failure to submit by this deadline can result in penalties for lateness; the Sydney Law School reserves the right not to mark assignments that are not submitted via the Canvas site.

Students who receive a grant of Special Consideration may receive an extension or alternative task at the discretion of the Unit Coordinator.

Submission of Draft Assignment/Essay

Please retain draft copies of all your written work as the Unit Coordinator may request for the submission of these draft documents.

Use of editors or proof-readers

The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Word limit penalty

A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and exclude any bibliography (if required).

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12 noon but before 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Mid-semester break	The Individual in International Dispute Settlement; Case Study - Chagos Archipelago; Case Study - Ukraine v. Russia; Establishing the facts in International Dispute Settlement	Seminar (6.5 hr)
Ongoing	Nature and Sources of International Law; Introduction to International Dispute Settlement; Evolution of the Obligation to Settle Disputes Peacefully and the UN Charter Framework; Peaceful Methods of Dispute Settlement (Negotiation, Good Offices, Mediation Conciliation, Fact-finding and Inquiry); International Arbitration	Seminar (6.5 hr)
	Case Study: South China Sea Arbitration; Role of the United Nations and Regional Organisations in the Settlement of International Disputes; To Sue or Not to Sue; The International Court of Justice	Seminar (6.5 hr)
	The International Court of Justice (continued); Settlement of Disputes before other (specialised, regional, etc) international courts and tribunals (including the Iran-United States Claims Tribunal, the WTO, the International Tribunal for the Law of the Sea, the European Court of Human Rights and the Inter-American Court of Human Rights); Scope of jurisdiction of international courts and tribunals; Provisional Measures	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

J G Merrills, Eric De Brabandere (eds) International Dispute Settlement (Cambridge: 7th ed, 2022)

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. demonstrate a high level understanding of a range of international dispute resolution techniques;
LO2. demonstrate a high level understanding of why some types of international dispute resolution are more successful than others;
LO3. demonstrate critical knowledge of how international dispute resolution has been applied in a number of particular international disputes;
LO4. demonstrate a working knowledge of the relevant international law which forms the basis for the various international disputes discussed;
LO5. distinguish between legal and political means used to settle international disputes;
LO6. demonstrate an enhanced appreciation of the workings of the international legal system and its interplay with international politics.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6865: International Dispute Resolution

Semester 1b, 2023 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect